IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130022275
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of an earlier request to add the Bronze Star Medal (BSM) and Combat Infantryman Badge (CIB) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
a. he detected an error in the Board's denial letter; he was a member of the 1st Battalion, not the 5th Battalion.
b. he was a member of Company E, 1st Battalion, 506th Infantry of the 101st Airborne Division and he fought in Vietnam from July 1970 to July 1971. While he was in Company E, he was in mortars as a forward observer. He was assigned to Company C during part of the war.
c. sometime between 1 September 1970 and 31 October 1970 he was awarded the BSM. He has the medal that was presented to him in his possession. He has far too much respect for his fellow Soldiers living and dead to have, as was suggested by a representative of the Veterans Administration, purchased this medal at a pawn shop so he could make a false claim
3. The applicant provides a military pay voucher.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120010441, on 11 December 2012.
2. The applicant provides a military pay voucher, dated 16 July 1970, which shows he was assigned to Company E, 1st Battalion, 506th Infantry.
3. The military pay voucher is new evidence that will be considered by the Board.
4. The applicant enlisted in the Regular Army on 17 July 1969. He completed his training and was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman).
5. His DA Form 20 (Enlisted Qualification Record) shows:
* he served in Vietnam from 26 July 1970 to 8 July 1971
* he served in duty MOS 11C (squad leader) while assigned to Company E, 1st Battalion, 506th Infantry Regiment during his assignment in Vietnam
6. On 9 July 1971, the applicant was honorably released from active duty.
7. His DD Form 214 does not show the BSM or CIB as authorized awards.
8. There are no orders for award of the BSM or CIB in the available records; his DA Form 20 does not show them as authorized awards; and a review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Military Awards Branch, failed to reveal any orders for the BSM pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.
a. Paragraph 3-14 provides guidance for award of the Bronze Star Medal. It states it is awarded for heroic or meritorious achievement or service in connection with military operations against an armed enemy; or while engaged in
military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required; and
b. Paragraph 8-6 contains guidance on award of the CIB. It states the three basic requirements for the CIB are that the member be an infantryman satisfactorily performing infantry duties; be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicant's contention he was a member of the 1st Battalion, not the 5th Battalion as shown in Docket Number AR20120010441. His DA Form 20 shows he was assigned to the 1st Battalion, 506th Infantry during his assignment in Vietnam. It appears this was an administrative error in Docket Number AR20120010441.
2. The applicant's contention he was awarded the BSM in 1970 in Vietnam was noted. However, there are no orders for the BSM in the available records and the applicant provides no evidence that shows he was recommended for or awarded the BSM by proper authority. Therefore, there is insufficient evidence on which to base adding the BSM to his DD Form 214.
3. The governing regulation for award of the CIB clearly establishes that the CIB may be awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
4. The evidence shows the applicant held MOS 11C and served as a squad leader while assigned to Company E, 1st Battalion, 506h Infantry during his assignment in Vietnam.
5. Unfortunately, there is no evidence of record that shows he served in active ground combat while assigned as a member of an infantry unit of brigade, regimental, or smaller size. As a result, there is insufficient evidence in which to base adding the CIB to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120010441, dated 11 December 2012.
___________x____________-
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130022275
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130022275
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120001565
Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the CIB for the period 9 March 1970 through 1 February 1971; and b. adding the CIB to his DD Form 214 for the period ending 11 March 1975. ABCMR Record of Proceedings (cont) AR20120001565 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR...
ARMY | BCMR | CY2012 | 20120010441
The applicant requests the Bronze Star Medal (BSM) and Combat Infantryman Badge (CIB) be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicants Military Personnel Records Jacket (MPRJ) is void of any documents or orders indicating the applicant was ever recommended for or awarded the BSM or CIB by proper authority while serving in the RVN. Absent any evidence of record or independent evidence submitted by the applicant that...
ARMY | BCMR | CY2011 | 20110020927
The applicant contends he should be awarded the CIB and his DD Form 214 should be corrected to show this award and the Purple Heart. The evidence of record shows he was assigned to 2 different infantry units during his service in the Republic of Vietnam. Awarding him the Army Good Conduct Medal (1st Award), for the period 14 May 1969 through 22 March 1971; and c. Amending item 24 of his DD Form 214 by deleting the "Vietnam Service Medal" and adding the: * Combat Infantryman Badge * Purple...
ARMY | BCMR | CY2010 | 20100024674
Mr. T____ A____ states he served with the applicant in Company B, 1st Battalion, 506th Infantry, and that the applicant came to the company in July 1970. The evidence of record shows the applicant served in an infantry company in an infantry MOS. However, the evidence does not show he served in active ground combat during his service in Vietnam.
ARMY | BCMR | CY2013 | 20130001767
The applicant requests, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM), Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), Presidential Unit Citation (PUC), Meritorious Unit Award (properly known as Meritorious Unit Commendation (MUC)), Republic of Vietnam Campaign Medal with "1960" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions...
ARMY | BCMR | CY2011 | 20110021855
The applicant also provided a certificate which shows he was awarded the CIB. His DD Form 214 shows he received the following awards: * BSM * Army Commendation Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * 2 overseas service bars 8. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the VSM from his DD Form...
ARMY | BCMR | CY2002 | 2002076976C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that his record be corrected to show he was awarded the Bronze Star Medal (BSM). Further, the list of awards he received during his active duty tenure contained in Item 24 of the DD Form 214 he was issued upon his separation, which he verified with his signature, does not include the BSM.
ARMY | BCMR | CY2013 | 20130008292
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB). The applicant states, in effect, while assigned to 1st Battalion, 506th Infantry, he served as an infantryman in combat from 1970 through 1971. However, aside from his own statement, there is no evidence of record to show he ever served in active ground combat.
ARMY | BCMR | CY2010 | 20100021543
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB) and all other awards and citations he received. However, his service record lacks sufficient evidence on which to correct his records to show award of the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct...
ARMY | BCMR | CY2010 | 20100016514
The applicant's military records show he enlisted in the Regular Army on 27 November 1968, was awarded military occupational specialty (MOS) 11C (indirect fire crewman), served in Vietnam from 5 January 1970 to 13 November 1970, and was promoted to pay grade E-4. Without orders or evidence to show his participation in active ground combat, there is insufficient evidence in which to award him the CIB. As a result, the Board recommends that all Department of the Army records of the...